Pruner & Hubbles v. Pendleton
Supreme Court of Virginia
'On the 15th of August, 1879, W. C. Pendleton, trustee for his mother, Mrs. N. T. Pendleton, and in his own right, presented to the judge of the circuit court of Washington ■county a bill praying an injunction against Thomas S. Pruner, James Hubbles and others to restrain them from using a slaughter-house which had been erected in the neighborhood of the plaintiffs’ residence in the town of Marion, and which, it was alleged, constituted an intolerable nuisance to themselves…
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'On the 15th of August, 1879, W. C. Pendleton, trustee for his mother, Mrs. N. T. Pendleton, and in his own right, presented to the judge of the circuit court of Washington ■county a bill praying an injunction against Thomas S. Pruner, James Hubbles and others to restrain them from using a slaughter-house which had been erected in the neighborhood of the plaintiffs’ residence in the town of Marion, and which, it was alleged, constituted an intolerable nuisance to themselves and families. An injunction was awarded, not to prevent the defendants from slaughtering their stock, but in effect…
1Opinion of the CourtBurks, J.
„ The court is of opinion that there is no error in the orders and decrees appealed from.
Slaughter-houses in a city or town were once reckoned by the courts as nuisances per se, and they are still so classed in the opinion of the court in Green v. Lake, 54 Miss. 540; S. C. 28 Amer. Rep. 378, decided as late as 1877, and much relied on by the learned counsel of the appellants; but it is said, in a late work of merit, that the wonderful improvements wrought by science in all departments of life has shown that this position cannot now be upheld in reference to any trade, and that…
2Cases cited2 opinions
- Catlin v. ValentineNew York Court of Chancery · 1842
- Green v. LakeMississippi Supreme Court · 1877
3Cited by13 opinions
- Kenyon v. Edmundson, Adm'rSupreme Court of Oklahoma · 1920
- Sitterle v. Victoria Cold Storage Co.Court of Appeals of Texas · 1930
- Perrin v. Crescent City Stockyard & Slaughterhouse Co.Supreme Court of Louisiana · 1907
- Kramer v. SweetOregon Supreme Court · 1946
- Masonic Temple Ass'n v. BanksSupreme Court of Virginia · 1897
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